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The Forestry (Modification of Felling Restrictions) Regulations 1985

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Statutory Instruments

1985 No. 1958

FORESTRY

The Forestry (Modification of Felling Restrictions) Regulations 1985

Approved by both Houses of Parliament

Made

25th September 1985

Laid before Parliament

22nd October 1985

Coming into Operation

13th December 1985

The Forestry Commissioners, in exercise of the powers conferred on them by sections 9(5)(c) and 32(1) of the Forestry Act 1967(1), and of all other powers enabling them in that behalf, and after consultation with the Home Grown Timber Advisory Committee in accordance with section 37(2) of that Act, hereby make the following regulations:—

Citation and commencement

1.  These regulations may be cited as the Forestry (Modification of Felling Restrictions) Regulations 1985 and shall come into operation on the day after the day on which they are approved by resolution of each House of Parliament.

Modification of section 9 of the Forestry Act 1967

2.  Section 9 of the Forestry Act 1967 (requirement of felling licence; exemptions from that requirement) shall be modified by substituting in subsection (3)(b) for “30 cubic metres” and “5.5 cubic metres” respectively “5 cubic metres” and “2 cubic metres”.

In Witness whereof the Official Seal of the Forestry Commissioners is hereunto affixed on 25th September 1985.

P. J. Clarke

Secretary to the Forestry Commissioners

EXPLANATORY NOTE

These regulations modify section 9(3)(b) of the Forestry Act 1967 which contains an exception to the requirement (in section 9(1) of that Act) of a felling licence granted by the Forestry Commissioners for the felling of growing trees in Great Britain. Other exceptions to this requirement are specified in subsections (2), (3)(a) and (4), and in regulations under subsection (5), of section 9 as amended.

In the case of trees felled by a person on land in his occupation, or occupied by a tenant of his, the aggregate cubic content of trees (excluding any that are otherwise exempted from the requirement of a felling licence) which may be felled without a licence in any quarter is reduced by the present regulations from 30 cubic metres to 5 cubic metres, and the aggregate cubic content of the trees so felled which may be sold by that person in any quarter is reduced from 5.5 cubic metres to 2 cubic metres.

(1)

section 9 was amended by the Forestry Act 1979 (c.21), Schedules 1 and 2.

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